Evolution from Articles to Constitution: Obstacles and Solutions

1. Creation of a New Nation

2. Aim: What were the weaknesses with the Articles of Confederation? • Background: • Issue: What would be the relationship between the new states and the national government? • Regional loyalties • Republic: a government in which citizens rule through their elected representatives • Republicanism: the idea that governments should be based on the consent of the people

3. Aim: What were the weaknesses with the Articles of Confederation? • Weaknesses under the Articles of Confederation: • Congress could not enact and collect taxes • Congress could not regulate interstate or foreign trade • Regardless of population, each state had only one vote in Congress • Two-thirds majority need to pass any law • 9 out of 13 states • Articles could be amended only if all states approved • No executive branch to enforce the laws of Congress • No national court system to settle legal disputes • No national unity

4. Aim: What problems did the Articles of Confederation have to deal with? • Shay’s Rebellion 1787: • Daniel Shay leads a rebellion of farmers in Western Massachusetts • Caused by economic problems • Lack of currency • Shut down courts that were step up for debt collection and taxation • 1,200 farmers begin to rebel • Militia used to put down the rebellion • Revision of the Articles of Confederation viewed as necessary

5. Aim: What problems did the Articles of Confederation have to deal with? • Western Land: • Western land ordinance: plan for surveying the land • Northwest Ordinance: procedure for dividing the land into territories • Set stages for statehood • Congress appoints governor and judges • 5000 voting residents, a temporary constitution, and government could be formed • 60000 settlers could write a state constitution and be granted statehood

7. How did the problems created by the Articles of Confederation lead to the drafting of a new Constitution? • Philadelphia Convention: • James Madison-Virginia plan • Bicameral legislator- based on population • William Paterson-New Jersey Plan • Unicameral legislator-based on equal representation • Roger Sherman- Great Compromise • Bicameral legislator • One house based on population (House of Representatives) • One house based on equal representation (Senate)

9. How did the problems created by the Articles of Confederation lead to the drafting of a new Constitution? • Philadelphia Convention: (cont.) • Three-Fifths Compromise • Three-fifths of a state’s slaves were to be counted as population

11. How did the problems created by the Articles of Confederation lead to the drafting of a new Constitution? • Philadelphia Convention: (cont.) • Division of powers • Federalism: the division of power between national and state governments • Delegated Powers or Enumerated powers: powers granted to the national government by the Constitution • Ex: foreign affairs, national defense, regulating trade, between states, coining money • Reserved Powers: powers kept by individual states • Ex: providing/supervision of education, marriage laws, regulating trade within the state • Shared Powers: powers that both federal and state governments enjoy • Ex: taxation, borrowing money, paying debts, establishment of courts

12. How did the problems of created by the Articles of Confederation lead to the drafting of a new Constitution? • Separation of Powers: • Three branches of government • Legislative-to make the laws • Executive- to carry out the laws • Judicial- to interpret the laws • Checks and balances

14. Aim: What were the obstacles to ratification of the newly formed Constitution? • Ratification procedure: • All states hold ratification convention • Ratification- official approval • Required nines states

15. Aim: What were the obstacles to ratification of the newly formed Constitution? • Federalists: • Favored ratification • Balance of power between states and national government • Division of Power and Checks and balances • George Washington, James Madison, Alexander Hamilton, John Jay • Supported by urban population • Smaller states • The Federalist Papers • 85 essays defending the Constitution

16. Aim: What were the obstacles to ratification of the newly formed Constitution? • Antifederalists: • Opponents to ratification • Opposed strong central government • Doubted that a single government could manage affairs of country • Lacked protection for individual rights • Patrick Henry, Samuel Adams, Richard Henry Lee • Supported by rural areas • Large states • The Federal Farmer

20. Aim: What are the powers given to the President by the Constitution? • Powers of the President: • Chief Executive • Enforce or put the laws into effect • Act as administrator of the federal bureaucracy • Issue executive orders that have the effect of laws • Appoint judges and diplomats • Remove appointed government officials within the executive branch

21. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Chief Diplomat • Make treaties with the advice and consent of the Senate • Make executive agreements with nations without Senate approval • Extend or withdraw diplomatic recognition to a nation

22. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Commander in Chief • Broad military powers that are shared with Congress • Stronger during times of war

23. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Chief Legislator • Recommend legislation to Congress • Veto potential laws

24. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Chief of State • Symbol of the nation

25. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Judicial Powers • Grant reprieves • Pardons • Amnesties

26. Aim: What are the powers given to the President by the Constitution? • Powers of the President: (cont.) • Head of the Party • Leader of political party • Unwritten constitution

27. Aim: Why did the founding fathers create the electoral college to elect the President? • http://www.youtube.com/watch?v=hC6FYpxTYR4

28. Aim: Why did the founding fathers create the electoral college to elect the President? • Electing the President: • Article II of the Constitution outlines the process of electing the President and powers of office

29. Aim: Why did the founding fathers create the electoral college to elect the President? • Electing the President: • Electoral College System: • Voters cast ballots for electors • Electors cast ballots for President and Vice President • Number of electors determined by number of Senators + number of representatives • Majority of electoral votes to become President • 270 electoral votes

30. Aim: Why did the founding fathers create the electoral college to elect the President? • Electing the President: • 100 Senators + 435 Representatives + 3 electoral votes to Washington D.C. (23rd amendment)

31. Aim: Why did the founding fathers create the electoral college to elect the President? • Electing the President: • Census: counting of the population every ten years • Impacts number of electoral votes • http://www.youtube.com/watch?v=NhMgy894v5Q

33. Review Do Now: • Who actually elects the President of the United States? How is the number of these individuals chosen? • List and explain two of the roles or powers of the President of the United States.

34. Aim: What are the powers given to the legislative and judicial branches in the Constitution? • Powers of the judicial branch: • Article three of the Constitution • Creates the Supreme Court and gives Congress the power to create lower federal courts • Creates a National and State court system • Role is to interpret the laws

35. Aim: What are the powers given to the legislative and judicial branches in the Constitution? • Powers of the judicial branch: • Jurisdiction: Authority, of the federal courts in order to make clear which cases go to the federal courts and which to state courts • Two court systems • Subject Matter

36. Aim: What are the powers given to the legislative and judicial branches in the Constitution? • Powers of the judicial branch: • Judicial Review: enables the courts to hear cases involving the application and interpretation of law • Laws can be ruled unconstitutional • Marbury v. Madison

37. Aim: What are the powers given to the legislative and judicial branches in the Constitution? • Powers of the legislative branch: • Article I establishes Congress • Bicameral legislature: Two houses • House of Representatives: • At least 1 per state based on population • 2 year terms • Elected by votes of congressional districts • 25 years old • Citizen for 7 years • Resident of State in which you are elected

38. Aim: What are the powers given to the legislative and judicial branches in the Constitution? • Powers of the legislative branch: • Senate: • 2 per state • 6 year terms • Original Constitution Senators were elected by state legislature • Amendment 17: Direct election of Senators

40. Aim: How does a bill become a law? • Step #1: Member of Congress introduces a bill • Congressional clerk gives the bill a number and title • Bill goes to the appropriates committee

41. Aim: How does a bill become a law? • Step #2: Committees review and vote on the bill • Committee specialize in certain areas • Ex: Foreign policy • Listen to facts and opinions • Make changes or amendments to the bill • Send back to the House and Senate for debate

42. Aim: How does a bill become a law? • Step #3: Senate and House vote on the bill • Senate and House debate the bill separately • If the majority of the Senate and House approve the bill it is sent to the President

43. Aim: How does a bill become a law? • Step#4: President signs or does not sign bill • If the President signs the bill it becomes law • President can veto the bill • Congress can override veto by 2/3 majority

44. Aim: How does a bill become a law? • http://www.youtube.com/watch?v=jJ_4LQ96Pds • http://www.youtube.com/watch?v=VxT7QjlvDqM

45. Aim: What are the formal and informal ways to amend the Constitution? • http://www.youtube.com/watch?v=UTX9YsMywks

46. Aim: What are the formal and informal ways to amend the Constitution? • Formal Amendment process • Article V discusses ways to amend or change the Constitution • Method #1: • Proposed by Congress by a 2/3 vote in both houses • Ratified or approved by the State legislature in ¾ of the states

47. Aim: What are the formal and informal ways to amend the Constitution? • Method #2: • Proposed by Congress by a 2/3 vote in both houses • Ratified by conventions held in ¾ of the states

48. Aim: What are the formal and informal ways to amend the Constitution? • Method #3: • Proposed at a National Convention called by Congress when requested by 2/3 of the state legislatures • Ratified by the state legislature in ¾ of the states

49. Aim: What are the formal and informal ways to amend the Constitution? • Method #4: • Proposed at a National Convention called by Congress when requested by 2/3 of the state legislatures • Ratified by conventions held in ¾ of the states

50. Aim: What are the formal and informal ways to amend the Constitution? • Informal Amendment process • Those not specifically mentioned in the Constitution • Precedent and traditions • Ex: Cabinet and political parties • Congressional legislation • Presidential actions • Ex: President does not have to declare war to send troops • Elastic clause • Judicial review